Javier Gonzalez NavarroSEGUIRMadrid Updated: Save Send news by mail electrónicoTu name *
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The commission of the Treaty between Mexico, The united states and Canada (T-MEC), which entered into force on the 1st of July, has chosen the Savior of the King , partner and chair of the Institute Cuatrecasas and professor of Labour Law, as one of the five arbitrators who will participate in the dispute settlement procedures of this agreement. The T-MEC was proposed by the president of the united States, Donald Trump, and signed by this, the mexican president Enrique Peña Nieto and canadian prime minister Justin Trudeau November 30, 2018. In addition, The King has lived in our country and in the first person several labor reforms, especially the one that carried out the Government of Mariano Rajoy in 2012, now the Executive of Sanchez and the unions want to repeal:
-As an expert in Labour Law, what is your opinion of the ERTE that are applied in this crisis?
-is a measure that Is enormously positive. Is to follow the way German, with a working relationship more flexible. There is that to judge it very positively, because this crisis has nothing to do with the above . Germany, in the crisis of 2008, saved many jobs with these mechanisms of suspension of contracts. We do not what we had developed. Of this we have to learn.
The system of ERTE must have a large development to avoid other more drastic measures, which does not mean that if a company needs a most drastic measure, you have to embrace it. If you are in an irreversible situation, for a lot of FATE to do, it will be impossible to keep “jobs zombies.”
-The STRONG current coming from the labour reform of the PP…
-Yes, they have been retouched several times, as in the labor reform of 2012. The issue is that we didn’t have then tradition to apply it, as has happened now with telework.
– What do you think that the Government and the trade unions want to bring down this reform?
-I Think there is a consensus of the social partners to change some aspects of it, not so much in the repeal of the reform, because from the technical point of view can’t repeal a rule of more than one hundred articles since there is no legal system can withstand. A standard which has since 1980 has generated a judicial doctrine greatly developed, strong and consolidated that can be altered partially, but you can not break all of a sudden. You can always revise the rules of employment. We have to make a reform paused and agreed once you pass this emergency situation and always through social dialogue. It would have to address issues such as, for example, telework, and scan.
-we Changed the subject. What will be your role as a referee in the new T-MEC?
-This Treaty has, for the first time, a chapter, the 23, on labour-related issues. When you consider that a company in another Treaty country is not complying with the labor standards, then a party may denounce the other. But the conflicts would be between States, not between companies. There is a procedure to agree and, if not, there is a arbitral panel. We are part of him five arbitrators not we are neither mexican, nor american, nor canadian.
-The labour chapter is the most innovative.
-Actually, the novelty is that it sets a specific chapter on labour rights, which have to comply with the undertakings of the treaty country who do trade with the other countries of the same. Have that meet a few minimum rights and, if they do not, there is a complaint about the companies that they are violating.
– what I had Had before, any employment relationship with these countries?
-I Studied several years in the united States and for a time, in the 90s, I analyzed how it worked, arbitration and mediation in that country. And I was part of what they called rapporteurs. That training served me for after c olaborar in the formation in our country of the SIMA and subsequently of the bodies of mediation in the autonomous communities. In those years I found it paradoxical that this system was so developed in the U.S. and not in Spain.
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